Florida Senate - 2010 CS for SB 2556
By the Committee on Health Regulation; and Senator Altman
588-04761-10 20102556c1
1 A bill to be entitled
2 An act relating to automated external defibrillators;
3 amending s. 401.2915, F.S.; requiring certain entities
4 to notify local emergency services medical directors
5 of the locations of automated external defibrillators;
6 requiring local emergency medical services medical
7 directors to maintain registries of certain automated
8 external defibrillator locations; amending s.
9 768.1326, F.S.; directing the State Surgeon General,
10 with the assistance of the Department of Management
11 Services, to adopt rules to establish guidelines for
12 the appropriate placement and deployment of automated
13 external defibrillators in places of public assembly;
14 providing a definition; providing exceptions;
15 providing for construction; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 401.2915, Florida Statutes, is amended
21 to read:
22 401.2915 Automated external defibrillators.—It is the
23 intent of the Legislature that an automated external
24 defibrillator may be used by any person for the purpose of
25 saving the life of another person in cardiac arrest. In order to
26 achieve that goal, the Legislature intends to encourage training
27 in lifesaving first aid and set standards for and encourage the
28 use of automated external defibrillators.
29 (1) As used in this section, the term:
30 (a) “Automated external defibrillator” means a device as
31 defined in s. 768.1325(2)(b).
32 (b) “Defibrillation” means the administration of a
33 controlled electrical charge to the heart to restore a viable
34 cardiac rhythm.
35 (2) In order to promote public health and safety:
36 (a) All persons who use an automated external defibrillator
37 are encouraged to obtain appropriate training, to include
38 completion of a course in cardiopulmonary resuscitation or
39 successful completion of a basic first aid course that includes
40 cardiopulmonary resuscitation training, and demonstrated
41 proficiency in the use of an automated external defibrillator.
42 (b) Any person or entity in possession of an automated
43 external defibrillator is encouraged to notify the local
44 emergency medical services medical director of the location of
45 the automated external defibrillator. The owner, operator, or
46 administrator responsible for a place of public assembly, as
47 defined in s. 768.1326, shall notify the local emergency medical
48 services medical director of the location of the automated
49 external defibrillator. The state agency responsible for a
50 building or portion of a building owned or leased by the state
51 shall notify the local emergency medical services medical
52 director of the location of the automated external
53 defibrillator. The local emergency medical services medical
54 director shall maintain a registry of these automated external
55 defibrillator locations.
56 (c) Any person who uses an automated external defibrillator
57 shall activate the emergency medical services system as soon as
58 possible upon use of the automated external defibrillator.
59 (3) Any person who intentionally or willfully:
60 (a) Tampers with or otherwise renders an automated external
61 defibrillator inoperative, except during such time as the
62 automated external defibrillator is being serviced, tested,
63 repaired, recharged, or inspected or except pursuant to court
64 order; or
65 (b) Obliterates the serial number on an automated external
66 defibrillator for purposes of falsifying service records,
67
68 commits a misdemeanor of the first degree, punishable as
69 provided in s. 775.082 or s. 775.083. Paragraph (a) does not
70 apply to the owner of the automated external defibrillator or
71 the owner’s authorized representative or agent.
72 (4) Each local and state law enforcement vehicle may carry
73 an automated external defibrillator.
74 Section 2. Section 768.1326, Florida Statutes, is amended
75 to read:
76 768.1326 Placement of automated external defibrillators in
77 state buildings and places of public assembly; rulemaking
78 authority.—
79 (1) No later than January 1, 2003, The State Surgeon
80 General shall adopt rules to establish guidelines on the
81 appropriate placement of automated external defibrillator
82 devices in buildings or portions of buildings owned or leased by
83 the state and in places of public assembly, and shall establish,
84 by rule, recommendations on procedures for the deployment of
85 automated external defibrillator devices in such buildings and
86 places of public assembly in accordance with the guidelines. The
87 Secretary of Management Services shall assist the State Surgeon
88 General in the development of the guidelines. The guidelines for
89 the placement of the automated external defibrillators shall
90 take into account the typical number of employees and visitors
91 in the building or place of public assembly buildings, the
92 extent of the need for security measures regarding the building
93 or place of public assembly buildings, special circumstances in
94 the building or a portion of the building buildings or portions
95 of buildings such as high electrical voltages or extreme heat or
96 cold, and such other factors as the State Surgeon General and
97 Secretary of Management Services determine to be appropriate.
98 For purposes of this section, the term “place of public
99 assembly” means a location with a seating capacity of at least
100 1,000 people and includes, but is not limited to, any stadium,
101 ballpark, gymnasium, field house, arena, civic center, or
102 similar facility used for the conduct of sporting events and any
103 concert hall, recital hall, theater, indoor or outdoor
104 amphitheatre, or other auditorium used for the presentation of
105 musical performances or concerts. The term does not include any
106 church, synagogue, or other not-for-profit religious
107 organization or any public association or public library. The
108 State Surgeon General’s recommendations for deployment of
109 automated external defibrillators in buildings or portions of
110 buildings owned or leased by the state or in places of public
111 assembly shall include:
112 (a)(1) A reference list of appropriate training courses in
113 the use of such devices, including the role of cardiopulmonary
114 resuscitation;
115 (b)(2) The extent to which such devices may be used by
116 laypersons;
117 (c)(3) Manufacturer recommended maintenance and testing of
118 the devices; and
119 (d)(4) Coordination with local emergency medical services
120 systems regarding registration of automated external
121 defibrillators and documentation of the incidents of use of the
122 devices.
123
124 In formulating these guidelines and recommendations, the State
125 Surgeon General may consult with all appropriate public and
126 private entities, including national and local public health
127 organizations that seek to improve the survival rates of
128 individuals who experience cardiac arrest.
129 (2) This section may not be construed to:
130 (a) Prohibit a county or municipal government from
131 enacting, implementing, and enforcing any local ordinance that
132 expands the requirements of this section for the placement of
133 automated external defibrillators in a place of pubic assembly;
134 or
135 (b) Mandate the placement of any automated external
136 defibrillator in any place of public assembly.
137 Section 3. This act shall take effect July 1, 2010.